Motor Vehicles Act: Section 202 – Power to arrest without warrant

(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:
Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner, failing which he shall be released from custody.

(2) A police officer in uniform may arrest without warrant any person who has committed an offence under this Act if such person refuses to give his name and address.

(3) A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

Simplified Explanation

Section 202 of the Motor Vehicles Act grants authorities the power to arrest without a warrant under certain circumstances involving traffic violations. This section is intended to ensure swift enforcement of the law when serious or dangerous offences are committed on the road, especially when the identity of the offender is uncertain or immediate action is required to prevent further violations or harm.

Overview of Section 202

This section allows:

1. Police officers to arrest individuals without a warrant for certain traffic-related offences.
2. Immediate action in cases where verification of the offender’s identity or license is required, or when the offence poses a serious risk to public safety.

Key Elements of Section 202

1. Power to Arrest Without a Warrant:
   • A police officer in uniform is empowered to arrest a person without a warrant if they commit specific offences under the Motor Vehicles Act.
   • This applies particularly to offences that are serious or dangerous, such as:
     • Driving under the influence of alcohol or drugs.
     • Dangerous driving (Section 184).
     • Driving without a valid license (Section 3 or 4).
     • Overloading of vehicles or other violations that may jeopardize public safety.
   • The arrest can be made if the police officer believes that immediate action is necessary to prevent further harm or danger.
2. Verification of Documents and Identity:
   • If a person refuses or fails to produce their driving license or other necessary documents when requested by an officer, they may be arrested without a warrant.
   • The section allows officers to ensure that the driver is properly licensed and qualified to operate the vehicle, and that the vehicle meets the necessary legal standards (e.g., insurance, registration).
3. Preventing Further Offences:
   • Arrest without a warrant is also allowed if the officer has reason to believe that the person may continue to commit an offence if immediate action is not taken.
   • For example, if a driver is found intoxicated or driving recklessly, the officer can arrest them on the spot to prevent further dangerous driving that could lead to accidents.
4. Detention Until Verification:
   • The officer has the power to detain the person until they can verify the individual’s identity or credentials (such as verifying if the person holds a valid driving license).
   • This helps ensure that the person is properly identified and cannot evade legal responsibility by refusing to provide documentation.
5. Protection of Public Safety:
   • Section 202 is primarily aimed at protecting public safety by allowing swift action against drivers who pose an immediate risk to others on the road. It is designed to address urgent situations where waiting for a warrant could result in further harm or violations.

Practical Implications

• Immediate Enforcement: Section 202 gives police officers the authority to immediately intervene in situations where traffic laws are being violated in a way that endangers public safety. This allows for quick enforcement without needing to go through the process of obtaining a warrant.
• Verification of Offenders: By allowing officers to arrest those who refuse to produce their license or other required documents, this section ensures that drivers on the road are properly licensed and identified, promoting accountability and preventing unqualified individuals from driving.
• Deterring Serious Violations: The threat of immediate arrest for offences such as driving under the influence, dangerous driving, or overloading vehicles acts as a strong deterrent, encouraging drivers to follow traffic laws more strictly.
• Enhancing Public Safety: The section plays a critical role in protecting road users by enabling law enforcement to quickly address dangerous behaviors that could lead to accidents or injury. It is especially important for dealing with intoxicated or reckless drivers who pose an imminent threat.
• Flexibility for Law Enforcement: Section 202 gives police officers flexibility to take action in real-time, ensuring that dangerous drivers or serious offenders can be detained before they cause harm, even if they do not have a warrant.

Conclusion

Section 202 of the Motor Vehicles Act grants police officers the power to arrest without a warrant in specific situations, particularly when traffic violations pose a significant risk to public safety or when the identity of the offender cannot be immediately verified. By allowing swift action against dangerous driving behaviors, intoxicated driving, or unlicensed operation of vehicles, this section ensures immediate enforcement of the law and helps prevent further offences or accidents. The provision plays a crucial role in promoting public safety, deterring serious violations, and maintaining order on the roads.